Overtime

Minimum Wage Laws

Under California law, effective January 1, 2018 the minimum wage is set at $11.00 per hour for employers with 26 or more employees. It is $10.50 per hour for employers with 25 or less employees.. In the City of Los Angeles, effective July 1, 2018, the minimum wage is $13.25 per hour, for employers with 26 or more employees. For employers with 25 or less employees it is $12.00 per hour. If your employer pays less than minimum wage, it may cost your employer considerable penalties, including liquidated damages and interest. If you are not being paid full minimum wage for each hour you work, contact us to discuss a potential claim against your employer.

Overtime Laws

Employees who are paid hourly (nonexempt employees) are entitled to be compensated for overtime hours worked. Overtime is usually defined as any hours worked beyond 8 hours in one workday or beyond 40 hours in one week. In addition, the sixth consecutive workday in one week is ordinarily considered overtime. Employees who work such hours are usually entitled to overtime pay rate. There may be different rules for employees engaged in alternative work week schedules or part time schedules. Call us to discuss your rights.

There are several rules that may affect your rights regarding overtime. Examples include exempt employees, inside sales, outside sales, professional person, commission based job, bonus pay, piece rate, etc. Should you have any questions, please feel free to contact this office.

Below are the general rules for overtime pay in California:

One and one–half times the employee's regular rate or pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and

Double the employee's regular rate or pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

Further under PAGA, Employers who underpay an employee (fail to pay overtime or minimum wage) may face the following penalties:

$50 for each underpaid employee for each pay period underpaid (first occurrence);

$100 for each underpaid employee for each pay period underpaid (each subsequent occurrence for up to one year);

Other penalties may apply depending upon the nature of the case and the type of violation;

Waiting time penalties of up to 30 days wages, if you have not been fully paid at the time of your termination or resignation from employment, under Labor Code Section 203.